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CICCONE v. APFEL

No. 97 CV 3818.

38 F.Supp.2d 224 (1999)

Michael CICCONE, Plaintiff, v. Kenneth APFEL, Commissioner of Social Security, Defendant.

United States District Court, E.D. New York.

February 24, 1999.

Attorney(s) appearing for the Case

Michelle F. Strum, Scheine, Fusco, Brandenstein & Rada, Woodbury, NY, for Plaintiff.

Sarah J. Lum, Assistant United States Attorney, United States Attorney's Office, Eastern District of New York, Brooklyn, NY, for Defendant.

ORDER

GERSHON, District Judge.

Plaintiff seeks a writ of mandamus pursuant to 28 U.S.C. § 1361 to prohibit the Appeals Council from reviewing and remanding the decision of an Administrative Law Judge ("ALJ") to award him disability benefits. The Commissioner moves to dismiss plaintiff's complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), arguing that there is no basis for the issuance of a writ of mandamus and that the court...

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